We’ve got some clarity on last month’s changes to Tenn. Code Ann. § 27-5-108(d), which have confused and annoyed both tenants and landlords. And, apparently, the Court Clerk’s Office.
As you’ll recall, effective July 1, 2023, the Tennessee Legislature changed the post-detainer judgment process to require that the Sheriff immediately go remove eviction defendants from property–even when the landlords hadn’t asked the Sheriff to.
Effective July 27, that’s no longer the process in Davidson County.
Per a press release, the Davidson County Circuit Court announced the process “will revert back to the process in place prior to July 1, 2023.”
What? The Legislature hasn’t changed the law; it seems that we’re just going ignore the new Tenn. Code Ann. § 27-5-108(d).
I totally agree with the outcome, but I also feel weird about the Clerk’s Office simply deciding that we’re not going to follow a very clear (yet really dumb) statute. I didn’t realize we had a choice.
Creditors Rights 101 
I disagree that it is a clear statute. Section (d)(2) begins: “For a writ of possession…” It does not say “in a detainer action…” Just because a detainer case is filed does not necessarily mean that a writ of possession is issued. Maybe I’m wrong, but my assessment is that there is not a writ of possession at all until the plaintiff takes the initiative to have one issued and pays the requisite filing fee. It seems to me that a statute nor the clerk can compel a plaintiff to file a writ of possession. So if the plaintiff does not have a writ of possession issued, is section (d)(2) even triggered?
Regardless, it’s an illogical and really poorly written statute.